손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasons why the court should explain this part of the basic facts are as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except where the "Witness" of Section 3, 17, among the reasons for the judgment of the court of first instance, is applied to the witness of the court of first instance. Thus, this part of the reasoning for the judgment of the court of first instance is cited by the main sentence of
2. The plaintiff asserted that the defendant caused the instant defect due to improper construction when he subcontracted the instant painting construction, and that the plaintiff paid 504,270,000 won to X-Tech as the defect repair cost. Thus, the defendant is obligated to pay 504,270,000 won and damages for delay to the plaintiff.
3. Determination
A. In light of the following circumstances, as to whether the instant defect occurred due to the instant painting work performed by the Defendant, the possibility that the instant defect was caused by any other cause, not the painting work performed by the Defendant, and the evidence submitted by the Plaintiff alone is insufficient to recognize that the instant defect occurred due to the construction work performed by the Defendant, and there is no other evidence to support it. Thus, the Plaintiff’s above assertion is without merit without any need to further examine, and there is no reason to further examine it.
① The Plaintiff asserted that the instant defect occurred due to the Defendant’s painting construction work on the basis of four disqualified reports on the 580-TNK-01, 580-TNK-009, 312-TNK-07, 360-TNK-023 tank, prepared on April 14, 2013, but, other than the above reports, pllue on June 14, 2012, pllue-324-TN-01, 324-TN-01, 324-TN-02, 324-TNN-02, 324-TNN-03, 324-TN-03, 324-TN-04 tank-04. < Amended by Presidential Decree No. 23504, Jun. 14, 2012>